These legal terms and conditions (Return Policy) apply to Voyager360.com, VoyagerMLS.com, Kayyah.com and any and all other sites and Voyager offices, partners and representatives around the world that are affiliated with Voyager 360.

Return of any hardware to Voyager must be in accordance with Voyager's current return policy which is posted on all Voyager 360 Websites. These terms and conditions are subject to change.

In order to return any hardware product (camera, optic, carry case, etc.) you the customer, must complete the RMA form. This is available by calling Voyager at (505) 474-3194. This form, when completed by you is to be faxed to Voyager at (505) 471-1511. In order to receive credit on the purchase of your hardware, you must comply with the following terms and conditions:

1. The equipment must be returned in MINT condition. No visible damage, no scratches and no missing parts or software, cables or manuals. Returned equipment that is damaged, scratched or missing any original parts will automatically void the return policy. No Exceptions.
2. The equipment must be returned in the original packing materials/ boxes/cases that the equipment was originally shipped to you in. No exceptions.
3. The equipment must be returned via FedEx carrier, and with the suitable insurance to cover the equipment in the event of loss or damage by the carrier. You will be paying for this return shipment. If you use Voyager's FedEx number, the amount of shipping will be deducted from your final refund.
4. Back office software, such as Voyager's RealAdvantage is not subject to a refund as we cannot restock time used to create your account, and train you on it's use. Any training done over the phone, custom logos, lens caps artwork and other work performed will be deducted. Voyager graphic rates are $95 per hour. Voyager training rates are $125 an hour. No exceptions.
5. Deposits on Custom Websites, or any other custom work ordered at the time of the equipment purchase are not refundable. No exceptions.
6. FedEx, UPS or other carrier shipping charges to/from the customer are not refundable.
7. Tours linked to Realtor.com are not refundable.
8. A 15% restocking fee may be imposed at Voyager's discretion.
9. Software once installed onto any computer with a serial number by you cannot be returned or restocked. No exceptions.

Refunds

For credit card purchases, please allow up to 4 weeks for credit to appear on your statement. For purchases made via check, refunds are made payable to the purchaser's name only, and can take up to (3) three weeks to be processed.

Any disagreement you may have with this policy may be filed in the state of New Mexico and your complaint will be heard by a New Mexico Arbitrator. Judgement in any party's favor will be strictly limited to the purchase price less restocking fees and the winning party shall not be entitled to any additional compensation that would exceed the original purchase price. You are responsible for travel costs associated with travel to New Mexico and the costs for the Arbitrator will be borne by the customer. If you choose to collect directly VISA or Mastercard, American Express in an attempt to circumvent Voyager's Return Policy and obtain a full refund, you should know two things; 1.) Voyager's return policy has been reviewed and approved to be fair by Visa/Mastercard/American Express/Discover and the Better Business Bureau (BBB) and 2.) Voyager will file a civil complaint against you in Magistrate Court, County of Santa Fe.

As a provider of Internet access, web site hosting, and other Internet-related services, Voyager International offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Voyager International respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Voyager International reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Voyager International has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Voyager International's services. This AUP will be revised from time to time. A customer's use of Voyager International's services after changes to the AUP are posted on Voyager International's web site, www.kayyah.com/backoffice/acceptable-policy.html, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Voyager International cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Voyager International cannot monitor or censor the Internet, and will not attempt to do so, Voyager International cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Voyager International does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Voyager International's network and may reach a large number of people, including both subscribers and nonsubscribers of Voyager International, subscribers' postings to the Internet may affect other subscribers and may harm Voyager International's goodwill, business reputation, and operations. For these reasons, subscribers violate Voyager International policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Voyager Current Customer Services -- Any Voyager customer having recurring services and hosting is entitled to receive (2) hours of free maintenance and/or minor changes per month. These changes are limited to page alterations. Development of new logos, brain storming and intellectual property development are not covered. Customers do not get unused minutes or time rolled over the the new month. All emails sent to Voyager from client asking for changes will constitute a change order to client website. These changes if over the allowed 2 hours per month will be billed to client. Changes not paid for if after 30 days will result in temporary suspension of the client account until the changes are paid for. If after 45 days, any accounts in arrears may be subject to permanent deactivation and collections activities.

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Voyager International, but also because it can overload Voyager International's network and disrupt service to Voyager International subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Voyager International has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Email + SPAM In Your Account -- Voyager provides all POP3 email accounts as provided from NTT Verio with built in SPAM controls such as Spam Assassin. Voyager makes no guarantee either express or implied that your POP3 email account can ever be 100% SPAM free. You, the user are able to make adjustments to your POP3 email account that effect how much SPAM you receive. You can block email from unwanted sources such as individuals, domain names and IP addresses can be added to your black list. unsolicited bulk and/or commercial messages. You are responsible for ensuring you do not exceed the size allowed for your mailbox and you should keep your delete email regularly. If you need a larger email account in excess of 100mb, we suggest you work with Earthlink or Google.

MLS Scraping - All MLS data posted on Kayyah has been licensed and is through appropriate legal channels. As the law currently stands, all MLS listings belong to the broker. Kayyah and our PLS network allows brokers to manually or through automated means take their listings and have them featured on Kayyah's PLS network. All listings posted on Kayyah or any part of ur International PLS network may be repurposed or syndicated to other networks with no compensation to the broker or supplier of the property source information.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Voyager International is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Voyager International's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Voyager International's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Voyager International is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Voyager International's network.

Defamatory or Abusive Language -- Using Voyager International's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- Voyager International reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Voyager International determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

FBI WARNING - All illegal activity mentioned above is reported to the FBI and the Attorney General's Office. For International incidents, all unauthorized hacking attempts and all violations of this AUP are reported to the Department of Internet Security which provides the legal means to enforce state, and International laws through Interpol. Voyager International will prosecute violators to the fullest extent under United States Laws.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Voyager International will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Voyager International policy or applicable law. When Voyager International becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Voyager International also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Voyager International's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Voyager International does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Voyager International has the right to directly take action against a customer of a subscriber. Also, Voyager International may take action against the Voyager International subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Voyager International anticipates that subscribers who offer Internet services will cooperate with Voyager International in any corrective or preventive action that Voyager International deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Voyager International policy.

Voyager International also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Voyager International urges its subscribers to assume that all of their on-line communications are insecure. Voyager International cannot take any responsibility for the security of information transmitted over Voyager International's facilities.

Voyager International will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, (Patriot Act) governmental authority, or when public safety is at stake. Voyager International may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Voyager International may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Voyager International assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Voyager International may disclose subscriber information or information transmitted over its network where necessary to protect Voyager International and others from harm, or where such disclosure is necessary to the proper operation of the system.

Voyager International expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Voyager International policy. Finally, Voyager International wishes to emphasize that in signing the service agreement, subscribers indemnify Voyager International for any violation of the service agreement, law, or Voyager International policy, that results in loss to Voyager International or the bringing of any claim against Voyager International by any third-party. This means that if Voyager International is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Voyager International, plus costs and reasonable attorneys' fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including Voyager International and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to:

ABUSE Department
Voyager International
3600 Cerrillos Road
Suite 306
Santa Fe, NM 87507

IMPORTANT. READ CAREFULLY: This VULA is a legal agreement between you (either an individual or a single entity, who will be referred to in this VULA as "You" and "Your") and VOYAGER 360 for the VOYAGER software accompanying this VULA, which includes the on-line software that you are about to access, and may include associated media, printed materials and any online or electronic documentation (SOFTWARE). By using the SOFTWARE, You agree to be bound by the terms of this VULA. If You do not agree to the terms of this VULA, do not activate, access or use the SOFTWARE.

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by intellectual property laws and treaties and is © 1997-2006 Voyager International, all rights reserved. Patents Pending. The SOFTWARE is licensed, not sold.

---

1. GRANT OF LICENSE. This Section of the VULA describes Your general rights to install and use the SOFTWARE. The license rights described in this Section are subject to all other terms and conditions of this VULA. VOYAGER Back Office referes to the REAL ADVANTAGE Listing Manager Software used to host your listings, virtual tours, agent photos, and other information relatiing to your publishing of images and text for the display of information in your Website, the local MLS including Realtor.com
   

   The term: Voyager Office Websuite (TM) has been in use by Voyager since 1997. While this term or phrase bears a strikingly similar appearance to the term VOW (Virtual Office Website) which was coined by the National Association of Realtors in 2001, Voyager was the originator of the technology and as such, we reserve full rights to the term: VOW, as this term and the technology has been in continuous operation since March 1997.
   
   You, the user, are hereby granted a non-exclusive right to use this site for your own information and decision making purposes. You are free to download only the software and various Voyager logos where allowed. You may download and use any Voyager training or marketing materials providing that you (a) do not remove any of the copyright information and (b) that you make no alteration of such materials and use it for your own purposes whether for personal gain or not.

   You may NOT use any program to download, trace or reverse engineer any section of this Web site or transfer any part of this site to another computer or hard drive. This includes the use of spiders and all attempted hacking. You may NOT probe or test this site for hidden pages, or probe or test this Web site for areas that you are not allowed to normally access. You may NOT use any program to scrape or acquire any hidden navigation or protected area of this site. You may NOT use any program to attempt to gain any personal information including credit card information on any other member of this site. You may NOT use any other person's credentials to gain access to this site and/or protected client restricted ares of this site. You may NOT scrape any MLS information from any Voyager or Voyager MLS server in order to repurpose it on another server. You may NOT use any information on this Website to sell leads to any other party. You may NOT take any part of this information on any Voyager or any Voyager MLS server and resell or transfer it to any third party. You may NOT disguise your e-mail or identity and make any request in the name of another person who is a Realtor? member of this site. You may NOT attempt any ssl hacking of any Voyager or Voyager customer server or account in order to gain unauthorized access. You may NOT send any misleading emails or offers to any Voayger server, or Voyager customer account. Voyager will prosecute violators of any infraction of the ICANSPAM act to the fullest extent possible under law and Voyager will seek additional civil action against all such violators. Any and all such activities described above are reported to your state Bureau of Investigations (SBI) and the FBI. All access to the Voyager site is automatically logged and includes your computer's Internet Protcol (IP) number. This information is NOT displayed on any Voyager Web site. Please keep this in mind when using our site and our software. Voyager servers use PhatKey Security. We know WHO you are and WHERE you are the moment you access any of our systems.

   Voyager software.

   All of Voyager's listing management and MLS software runs over the Internet and cannot be downloaded onto any desktop computer. If you are working with any Voyager software product after 5 business days, your acceptance of the software license is automatic. You may NOT receive any refund for the Voyager back office once it has been assigned to you and you have gained access to the Voyager back office by your logging into the system with your username and password. Failure to read this disclaimer is not sufficient cause to warrant a refund under any circumstances. Voyager cannot restock time to set up the back office, nor can we resell your back office to another party. All sales on the Voyager back office whether sold individually or bundled with any camera system are final. No exceptions. You may NOT transfer or sell the Voyager software product, access to this site to any other party or license to any other person or entity without express written consent from Voyager.
   
   Listing Syndication. Voyager Large Array (VLA) and Kayyah.com

   The listings that you have posted on the Voyager Back Office are pushed out to a network of other Voyager servers and trusted affiliates. All listing data posted on any Voyager server including Kayyah and any site that is operated by a Voyager listing manager (back office) may be repurposed with no notification or compensation to you. The network of servers allow you to expose your listings to a large, international network of high traffic Websites. Each month, the network grows, and your listings will be cycled through the network much like Google does with their AdWords advertising program. You, the broker of these listings are the only one that can change/modify/update these listings through your assigned back office username and password. No third party can change the MLS data that you post. The Voyager Syndication network (VLA) is "read-only" by the end users or visitors to these networked sites. You, the licensee of the Voyager software is the only one authorized to make changes to your MLS and other listing information. Therefore, it is imperative that you safeguard your credentials and do not let any third party have access to your account. Voyager uses PhatKey security to verify and validate your log in. Should we discover that you have let a third party access your system including any known or unknown Voyager competitors, your right to this service(s) may be immediately terminated with no advanced notice to you.

   ---

   LIMITED WARRANTY

   VOYAGER MAKES NO WARRANTY WHETHER EXPRESS OR IMPLIED THAT ALL OF VOYAGER SERVICES WILL BE 100% OPERATIONAL AND ERROR FREE 100% OF THE TIME. ANY VOYAGER SERVICE, IF INTERRUPTED WILL BE TEMPORARY, AND WILL BE CORRECTED TO A FUNCTIONAL STATE ONCE VOYAGER IS NOTIFIED OF THAT A POTENTIAL SERVICE INTERRUPTION MAY EXIST. YOU, THE USER, UNDERSTAND THAT YOU HAVE TO PROVIDE YOUR OWN INTERNET ACCESS IN ORDER TO ACCESS AND USE VOYAGER'S REALADVANTAGE VIRTUAL OFFICE WEB SITE AND OUR MLS SYSTEMS. THIS INCLUDES EMAIL SERVICES INCLUDING POP3 AND IMAP ACCOUNTS. VOYAGER IS NOT RESPONSIBLE FOR AT&T, SBCGLOBAL, QWEST, PACBELL OR ANY OTHER LOCAL TELECOMMUNICATIONS CARRIER THAT PROVIDES YOU, THE USER, WITH ACCESS TO THE INTERNET. VOYAGER IS NOT RESPONSIBLE FOR ANY LOST TIME, COMMISSIONS, LOST REVENUE OR ANY PROBLEM ASSOCIATED WITH YOUR USING ANY VOYAGER SYSTEM. WE ARE NOT RESPONSIBLE FOR VIRUSES, OR ANY SOFTWARE OR HARDWARE FAILURE THAT YOU MAY EXPERIENCE. YOUR SOLE REMEDY OF ANY DISSATISFACTION OF USING ANY VOYAGER PRODUCT OR SERVICE IS SIMPLY TO STOP USING IT. ANY ACCRUED HOSTING CHARGES, INCLUDING SEO AND OTHER VOYAGER SERVICES WILL BE DUE AND BILLABLE TO YOU FOR THE PERIOD OF TIME YOU HAVE USED ANY VOYAGER SERVICE.

   The above disclaimer applies to any failure, omission, computer virus, corrupted file, interruption of service, defect or delays, theft, unauthorized access or use, loss of revenue, loss of time, peeved clients, headaches, missed phone calls, getting yelled at by your broker, missed closing or showing appointments, corrupted client data when importing or exporting to Voyager's systems or any willful acts of God.

   In no event will Voyager or any of Voyager's authorized agents be liable to you for any indirect, consequential, exemplary, incidental, punitive damages, including lost commissions, MLS or RESPA violations even if Voyager has been advised of the possibility of such damages. In states where these laws do not apply, you are asked to find another listing management and hosting provider. It is not Voyager's responsibility to prescreen anyone from states where some or all of these laws do not apply. It is yours.
   
   Voyager Affliates & Resellers Websites.
   Voyager powers many websites for many photographers. The copyright tag on these sites that bear the © symbol means that all photographs taken by that Voyager Affiliate-Reseller belong to them. The exception here is where some photos are uploaded from the local MLS whereas certain copyrights for these photos may belong to that MLS. Unless a Form VA or Voyager contract for hire agreement has been executed between Voyager and the Affiliate-Reseller, no copyright transfers are either express or implied. Any legal action being brought against Voyager will be done in accordance with the state laws of New Mexico. Acceptable Conduct from Voyager Affiliates and MLS Licensees
   
   Any Voyager licensee, reseller or affiliate that uses Voyager MLS hosting technology and or 360 virtual tour technology in their own business -- reselling hosting and real property marketing services are bound to a higher standard of customer service conduct. Voyager will investigate and seek to resolve any customer service issues once a complaint is known. This includes but is not limited to, not posting virtual tour links in a timely manner to Realtor.com, not updating or maintaining accurate information for the listing, broker or agent, or taking money and not providing services in a timely manner. Pursuant to this policy, Voyager will charge the licensee the appropriate charges resulting from customer service neglect such as posting tours to Realtor.com. In addition, Voyager may charge a penalty fee to Voyager licensee for such customer neglect. Penalty for 1st offense: $100. Penalty for 2nd offense $250. Penalty for 3rd offense: $1,000. Voyager will be the final determining authority whether to charge for these penalty fees. Voyager reserves the right to reassign any client who is not getting proper service to another Voyager affiliate if Voyager determines the end customer is not receiving adequate services.
   
   IMPORTANT: Extreme cases of licensee business mismanagement and malpractice are defined as but not necessarily limited to: cases where Voyager licensee has a track record of not being able to pay for recurring services to Voyager, if moneys are being collected for linked services on Realtor.com and if the Voyager licensee is not paying said bills or providing adequate services to the REALTORS they service. If more than ten incidents of customer complaints have been documented and if the problems continue after licensee has been advised by Voyager, Voyager reserves the right to terminate the license and take over the servicing of the accounts or transfer them to another Voyager licensee with written notice to licensee. By accepting this VULA below, Licensee understands the risks of providing poor customer service.

1. Any Voyager client or affiliate that brings a client to Voyager will be bound by these rules of engagement:  
2. At no time will Voyager be held responsible for lack of communications if they act as an infomediary, that being acting as an account executive.
3. At no time will Voyager be responsible for any loss of revenue, or damages. Voyager client will assume all liability for managing the relationship with their client and indemnifies Voyager against all claims.
4. Refunds. At no time will Voyager issue a refund to Voyager client for any deposit received for custom work.

Should You have any questions concerning this VULA, or if you desire to contact Voyager International for any reason, please contact the Voyager subsidiary serving Your country, or write: Voyager International / 3600 Cerrillos Road Suite 306 Santa Fe, New Mexico 87507